
2023 No. 118
Social Security
The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2023
Made 9th August 2023
Coming into operation 30th August 2023

The Department for Communities, makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 132A(3) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, Articles 14(1) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995, and now vested in it, sections 15(3) and (6)(b) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 2002, sections 17(1) and (3)(b) and 25(2)(a) of the Welfare Reform Act (Northern Ireland) 2007 and Article 48(1) and (2)(a) of, and paragraph 4(1)(a) and (3)(a) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015.
The powers are exercisable by the Department for Communities by virtue of Article 2 to the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 2020.

Regulation 2(1)(d) and (e) is made with the consent of the Department of Finance.
Citation, commencement and interpretation

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(1) These Regulations may be cited as the Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2023 and come into operation on 30th August 2023.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Disregard for payment from estate

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(1) After each of the following provisions insert the provision in paragraph (2)—
(a) paragraph 22(5) of Schedule 10 to the Income Support (General) Regulations (Northern Ireland) 1987 (capital to be disregarded);
(b) paragraph 27(5) of Schedule 7 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (capital to be disregarded);
(c) paragraph 15(5) of Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 2003 (Part 1 - capital disregarded for the purpose of calculating income);
(d) paragraph 25(5) of Schedule 7 to the Housing Benefit Regulations (Northern Ireland) 2006 (capital to be disregarded);
(e) paragraph 16(5) of Schedule 7 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (Part 1 - capital to be disregarded generally);
(f) paragraph 27(5) of Schedule 9 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 (capital to be disregarded).
(2) The provision to be inserted after each of the provisions in paragraph (1) is—“
(5A) Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.”.
Amendment of the Universal Credit Regulations

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In regulation 76 of the Universal Credit Regulations (Northern Ireland) 2016 (special schemes for compensation etc.), for paragraph (3) substitute—“
(3) In relation to a claim for universal credit made by a person other than the diagnosed or infected person referred to in paragraph (1)(a)(i), a payment received from the scheme or trust or which derives from a payment received from the scheme or trust, is to be disregarded if it would be disregarded in relation to an award of state pension credit by virtue of paragraph 13 or 15 of Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 2003.”.
Sealed with the Official Seal of the Department for Communities on 9th August 2023
(L.S.)David Tarr
A senior officer of the Department for Communities
The Department of Finance hereby consents to regulation 2(1)(d) and (e) of the foregoing regulations.Sealed with the Official Seal of the Department of Finance on 9th August 2023
(L.S.)Patrick Neeson
A senior officer of the Department of Finance
